RESOLUTION REQUESTING THE STATE OF FLORIDA TO ADD SALVIA DIVINORUM AND SALVINORIN A TO SCHEDULE I OF THE FLORIDA COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT

Indexes:

DRUG ELIMINATION PROGRAM

DRUG PROGRAM

Sponsors:

Jose "Pepe" Diaz, Prime Sponsor

Sunset Provision:
No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History

Acting Body

Date

Agenda Item

Action

Sent To

Due Date

Returned

Pass/Fail

Board of County Commissioners

3/20/2007

11A12

Adopted

P

County Manager

3/16/2007

Additions

3/20/2007

Budget and Finance Committee

3/13/2007

2F

Forwarded to the BCC by the BCC Chairperson with a favorable recommendation

P

REPORT:

Assistant County Attorney Benitez read the foregoing ordinance into the record.
It was moved by Commissioner Diaz that this proposed resolution be forwarded with a favorable recommendation. This motion was seconded by Chairman Martinez.
Commissioner Diaz explained Salvia Divinorum and Salvinorin A were drugs that had the same effect as LSD and that these drugs were available to children.
Chairman Martinez asked Commissioner Diaz to contact the State Attorney, the Police Department, and the Medical Examiner before March 20, 2007, and involve them in this resolution.
Hearing no other questions or comments, the Committee proceeded to vote.
Chairman Martinez noted he would prepare a memorandum that asked Chairman Barreiro to waive the Board's rules and procedures to allow this proposed resolution to be considered at the March 20, 2007, County Commission meeting.

County Attorney

2/26/2007

Assigned

Budget and Finance Committee

3/13/2007

County Attorney

2/26/2007

Assigned

Peter S. Tell

Legislative Text

TITLE

RESOLUTION REQUESTING THE STATE OF FLORIDA TO ADD SALVIA DIVINORUM AND SALVINORIN A TO SCHEDULE I OF THE FLORIDA COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT

BODY

WHEREAS, Salvia divinorum (hereinafter “salvia”) is a perennial herb in the mint family native to certain areas of the Sierra Mazateca region of Oaxaca, Mexico; and
WHEREAS, salvia is one of several plants that have been employed by the Mazatec Indians for ritual divination and healing; and
WHEREAS, in recent years the active ingredient of salvia has been identified as salvinorin A; and
WHEREAS, there has been interest among young adults and adolescents to discover ethnobotanical plants that can induce hallucinations, changes in perception, and other psychological effects; and
WHEREAS, since neither salvia, nor any of its constituents, are listed in the federal Controlled Substances Act (CSA), a variety of Internet sites have appeared advertising salvia as a legal alternative to plant hallucinogens such as mescaline; and seeds, fresh and dried leaves, plant cuttings, whole plants, and various extracts are purported to be sold over the Internet; and
WHEREAS, neither salvia nor its active constituent, salvinorin A, have approved medical uses in the United States; and
WHEREAS, salvia is chewed or smoked to induce illusions and hallucinations, the diversity of which is described by users as similar to those induced by ketamine, mescaline, or psilocybin; and
WHEREAS, although information on the user population is limited, it appears to be mostly younger adults and adolescents influenced by promotions of the drug on Internet sites; and
WHEREAS, psychic effects include perceptions of bright lights, vivid colors and shapes, as well as body movements and body or object distortions; other effects include dysphoria, uncontrolled laughter, a sense of loss of body, overlapping realities and hallucinations (seeing objects that are not present); adverse physical effects may include incoordination, dizziness and slurred speech; and
WHEREAS, salvia is grown domestically and imported from Mexico and Central and South America; the Internet is an important venue for the promotion and distribution of salvia; it is sold as seeds, fresh or dried leaves, plant cuttings, whole plants, and extracts purported to contain salvinorin A; and
WHEREAS, salvia and salvinorin A are not currently controlled under the CSA; and
WHEREAS, a number of states have placed controls on salvia and salvinorin A such as Louisiana, Delaware and Missouri; and
WHEREAS, as of January 2007, legislative bills proposing regulatory controls on salvia or salvinorin A are pending in Alaska, Illinois, Maine, New Jersey, New York, North Dakota and Virginia; and
WHEREAS, salvia and salvinorin A are listed as “Drugs and Chemicals of Concern” by the U.S.D.E.A.; and
WHEREAS, there are regulatory controls on salvia and salvinorin A in Australia, Belgium, Denmark, Estonia, Finland, Italy, Spain and Sweden; and
WHEREAS, Schedule I under Section 893.03, Florida Statutes, is for substances such as salvia and salvinorin A which have a high potential for abuse and have no currently accepted medical use in treatment in the United States and its use under medical supervision does not meet accepted safety standards; and
WHEREAS, the Florida Attorney General, pursuant to Section 893.035, Florida Statutes, has been delegated the authority to add any substance not currently controlled under Section 893.03, Florida Statutes, to a Schedule established by Section 893.03, Florida Statutes; and
WHEREAS, salvia and salvinorin A clearly qualify for addition to Schedule I of Section 893.03, Florida Statutes,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby urgently requests the Attorney General of the State of Florida and the Legislature of the State of Florida to, immediately and without delay, add Salvia divinorum and salvinorin A to Schedule I of Section 893.03, Florida Statutes.
The foregoing resolution was sponsored by Commissioner Jose "Pepe" Diaz and offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows:
Bruno A. Barreiro, Chairman
Barbara J. Jordan, Vice-Chairwoman
Jose "Pepe" Diaz
Audrey M. Edmonson
Carlos A. Gimenez
Sally A. Heyman
Joe A. Martinez
Dennis C. Moss
Dorrin D. Rolle
Natacha Seijas
Katy Sorenson
Rebeca Sosa
Sen. Javier D. Souto